State Codes and Statutes

Statutes > North-carolina > Chapter_157 > GS_157-5

§ 157‑5. Appointment, qualifications and tenure of commissioners.

(a)        An authority shall consist of not less than five nor morethan eleven commissioners appointed by the mayor and the mayor shall designatethe first chair. No commissioner may be a city official. At least one of thecommissioners appointed shall be a person who is directly assisted by thepublic housing authority. However, there shall be no requirement to appointsuch a person if the authority: (i) operates less than 300 public housing units,(ii) provides reasonable notice to the resident advisory board of theopportunity for at least one person who is directly assisted by the authorityto serve as a commissioner, and (iii) within a reasonable time after receipt ofthe notice by the resident advisory board, has not been notified of theintention of any such person to serve. The mayor shall appoint the persondirectly assisted by the authority unless the authority's rules require thatthe person be elected by other persons who are directly assisted by theauthority. If the commissioner directly assisted by the public housingauthority ceases to receive such assistance, the commissioner's office shall beabolished and another person who is directly assisted by the public housingauthority shall be appointed by the mayor.

(b)        No commissioner who is also a person directly assisted bythe public housing authority shall be qualified to vote on matters affectinghis or her official conduct or matters affecting his or her own individualtenancy, as distinguished from matters affecting tenants in general. No morethan one third of the members of any housing authority commission shall betenants of the authority or recipients of housing assistance through anyprogram operated by the authority.

(c)        The council may at any time by resolution or ordinanceincrease or decrease the membership of an authority, within the limitationsherein prescribed.

(d)        The mayor shall designate overlapping terms of not less thanone nor more than five years for the commissioners first appointed. Thereafter,the term of office shall be five years. A commissioner shall hold office untilhis or her successor has been appointed and has qualified. Vacancies shall befilled for the unexpired term. A majority of the commissioners shall constitutea quorum. The mayor shall file with the city clerk a certificate of theappointment or reappointment of any commissioner and such certificate shall beconclusive evidence of the due and proper appointment of such commissioner. Acommissioner shall receive no compensation for his or her services but he orshe shall be entitled to the necessary expenses including traveling expensesincurred in the discharge of his or her duties.

(e)        When the office of the first chair of the authority becomesvacant, the authority shall select a chair from among its members. An authorityshall select from among its members a vice‑chair, and it may employ asecretary (who shall be executive director), technical experts and such otherofficers, agents, and employees, permanent and temporary, as it may require,and shall determine their qualifications, duties, and compensation. Anauthority may call upon the corporation counsel or chief law officer of thecity for such legal services as it may require or it may employ its own counseland legal staff. An authority may delegate to one or more of its agents oremployees such powers or duties as it may deem proper. (1935, c. 456, s. 5; 1971, c. 362, ss. 2‑5;1981, c. 864; 1999‑146, s. 1.)

State Codes and Statutes

Statutes > North-carolina > Chapter_157 > GS_157-5

§ 157‑5. Appointment, qualifications and tenure of commissioners.

(a)        An authority shall consist of not less than five nor morethan eleven commissioners appointed by the mayor and the mayor shall designatethe first chair. No commissioner may be a city official. At least one of thecommissioners appointed shall be a person who is directly assisted by thepublic housing authority. However, there shall be no requirement to appointsuch a person if the authority: (i) operates less than 300 public housing units,(ii) provides reasonable notice to the resident advisory board of theopportunity for at least one person who is directly assisted by the authorityto serve as a commissioner, and (iii) within a reasonable time after receipt ofthe notice by the resident advisory board, has not been notified of theintention of any such person to serve. The mayor shall appoint the persondirectly assisted by the authority unless the authority's rules require thatthe person be elected by other persons who are directly assisted by theauthority. If the commissioner directly assisted by the public housingauthority ceases to receive such assistance, the commissioner's office shall beabolished and another person who is directly assisted by the public housingauthority shall be appointed by the mayor.

(b)        No commissioner who is also a person directly assisted bythe public housing authority shall be qualified to vote on matters affectinghis or her official conduct or matters affecting his or her own individualtenancy, as distinguished from matters affecting tenants in general. No morethan one third of the members of any housing authority commission shall betenants of the authority or recipients of housing assistance through anyprogram operated by the authority.

(c)        The council may at any time by resolution or ordinanceincrease or decrease the membership of an authority, within the limitationsherein prescribed.

(d)        The mayor shall designate overlapping terms of not less thanone nor more than five years for the commissioners first appointed. Thereafter,the term of office shall be five years. A commissioner shall hold office untilhis or her successor has been appointed and has qualified. Vacancies shall befilled for the unexpired term. A majority of the commissioners shall constitutea quorum. The mayor shall file with the city clerk a certificate of theappointment or reappointment of any commissioner and such certificate shall beconclusive evidence of the due and proper appointment of such commissioner. Acommissioner shall receive no compensation for his or her services but he orshe shall be entitled to the necessary expenses including traveling expensesincurred in the discharge of his or her duties.

(e)        When the office of the first chair of the authority becomesvacant, the authority shall select a chair from among its members. An authorityshall select from among its members a vice‑chair, and it may employ asecretary (who shall be executive director), technical experts and such otherofficers, agents, and employees, permanent and temporary, as it may require,and shall determine their qualifications, duties, and compensation. Anauthority may call upon the corporation counsel or chief law officer of thecity for such legal services as it may require or it may employ its own counseland legal staff. An authority may delegate to one or more of its agents oremployees such powers or duties as it may deem proper. (1935, c. 456, s. 5; 1971, c. 362, ss. 2‑5;1981, c. 864; 1999‑146, s. 1.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_157 > GS_157-5

§ 157‑5. Appointment, qualifications and tenure of commissioners.

(a)        An authority shall consist of not less than five nor morethan eleven commissioners appointed by the mayor and the mayor shall designatethe first chair. No commissioner may be a city official. At least one of thecommissioners appointed shall be a person who is directly assisted by thepublic housing authority. However, there shall be no requirement to appointsuch a person if the authority: (i) operates less than 300 public housing units,(ii) provides reasonable notice to the resident advisory board of theopportunity for at least one person who is directly assisted by the authorityto serve as a commissioner, and (iii) within a reasonable time after receipt ofthe notice by the resident advisory board, has not been notified of theintention of any such person to serve. The mayor shall appoint the persondirectly assisted by the authority unless the authority's rules require thatthe person be elected by other persons who are directly assisted by theauthority. If the commissioner directly assisted by the public housingauthority ceases to receive such assistance, the commissioner's office shall beabolished and another person who is directly assisted by the public housingauthority shall be appointed by the mayor.

(b)        No commissioner who is also a person directly assisted bythe public housing authority shall be qualified to vote on matters affectinghis or her official conduct or matters affecting his or her own individualtenancy, as distinguished from matters affecting tenants in general. No morethan one third of the members of any housing authority commission shall betenants of the authority or recipients of housing assistance through anyprogram operated by the authority.

(c)        The council may at any time by resolution or ordinanceincrease or decrease the membership of an authority, within the limitationsherein prescribed.

(d)        The mayor shall designate overlapping terms of not less thanone nor more than five years for the commissioners first appointed. Thereafter,the term of office shall be five years. A commissioner shall hold office untilhis or her successor has been appointed and has qualified. Vacancies shall befilled for the unexpired term. A majority of the commissioners shall constitutea quorum. The mayor shall file with the city clerk a certificate of theappointment or reappointment of any commissioner and such certificate shall beconclusive evidence of the due and proper appointment of such commissioner. Acommissioner shall receive no compensation for his or her services but he orshe shall be entitled to the necessary expenses including traveling expensesincurred in the discharge of his or her duties.

(e)        When the office of the first chair of the authority becomesvacant, the authority shall select a chair from among its members. An authorityshall select from among its members a vice‑chair, and it may employ asecretary (who shall be executive director), technical experts and such otherofficers, agents, and employees, permanent and temporary, as it may require,and shall determine their qualifications, duties, and compensation. Anauthority may call upon the corporation counsel or chief law officer of thecity for such legal services as it may require or it may employ its own counseland legal staff. An authority may delegate to one or more of its agents oremployees such powers or duties as it may deem proper. (1935, c. 456, s. 5; 1971, c. 362, ss. 2‑5;1981, c. 864; 1999‑146, s. 1.)